Ward v. Walkley

— In a mortgage foreclosure action, the defendant Berkshire Financial Corp. (hereinafter Berkshire) appeals from so much of sin order of the Supreme Court, Dutchess County (King, J.), entered May 29, 1987, as denied its motion to reject a Referee’s report, dated March 27, 1987, in a surplus money proceeding.

Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the defendant First National Bank of Red Hook (now known as the Key Bank of Southeastern New York, N. A.), Berkshire’s motion is granted, and the matter is remitted to the Supreme Court, Dutchess…